In a hearing on Dec. 4, U.S. District Judge William Campbell of the Middle District Court of Tennessee took Diego Pavia’s request for a preliminary injunction under advisement following two and a half hours of oral arguments made by attorneys for Pavia and the NCAA. This hearing took place ahead of the opening of the transfer portal on Dec. 9, and Pavia has said he hopes to negotiate NIL deals with The Anchor Impact Fund before then.
Pavia sued the NCAA on Nov. 8 with the aim of extending his eligibility, arguing that the NCAA’s “Five Year Policy” unlawfully equates years playing for a junior college to those spent in an NCAA institution. Citing federal antitrust laws, he argues this rule restricts opportunities for students who transfer from junior colleges.
Pavia was represented by Ryan Downton (B.S. ‘98, MBA ‘99) and Salvador Hernandez (J.D. ‘99) during the hearing, and eight of Pavia’s teammates were in attendance. Downton presented a slideshow outlining the plaintiff’s arguments, and he and legal representation for the NCAA — led by Attorney Tamarra Matthews Johnson — answered questions from Campbell.
Downton argued that playing college football would be Pavia’s best chance to make a living while obtaining his master’s degree, and he estimated that Pavia would earn at least $1 million from NIL deals if he were able to play during the 2025 season. He also pointed to athletes who attend preparatory schools, military academies or engage in a religious mission as examples of participation in non-degree granting programs that do not affect NCAA eligibility.
In regards to Pavia’s master’s degree, Downton argued that Pavia did not know whether he would still be able to enroll at Vanderbilt for free without playing on the football team, and he said he believes Pavia would risk losing his quarterback spot at the university if the injunction was denied in favor of a full trial.
Matthews Johnson argued that Pavia could still seek his degree without playing football and that the university would find another quarterback, saying any potential economic incentives offered to the player in the quarterback position would benefit whoever took the role. She emphasized the NCAA’s view that Pavia did not prove he would suffer irreparable harm without the injunction and that a full trial would be needed to discuss the economic impact of granting five-year eligibility as she believes it could affect all sports beyond football.
In an email to The Hustler following the hearing, Downton spoke on behalf of Pavia, expressing optimism following the hearing.
“My impression is that Judge Campbell is trying to consider everything and rule expeditiously,” Downton said. “Mr. Pavia is encouraged by how the hearing went today, and he hopes to be successful in obtaining the preliminary injunction in the next several days.”
At the end of the hearing, Downtown argued that it is public knowledge that the NCAA has been in discussions regarding five years of eligibility for all players without redshirt seasons, citing news reports of such conversations. However, attorneys for the NCAA denied any decisions to make that change, and Campbell requested that the NCAA provide clarification on the matter by Dec. 9.
Campbell asked when the transfer portal will close — Dec. 28 — but he did not say when a decision regarding the preliminary injunction would be made.
